SF 955

as introduced - 89th Legislature (2015 - 2016) Posted on 02/20/2015 09:09am

A bill for an act
relating to elections; authorizing voters to vote for "None of the Above; For a
New Election" or "Prefer None of the Above;" requiring a new election where
voters vote for a new election; amending Minnesota Statutes 2014, sections
10A.01, subdivisions 7, 10; 200.02, by adding subdivisions; 203B.227; 204B.36,
subdivision 2; 204C.06, subdivision 2; 204C.08, by adding a subdivision;
206.80; 206.90, subdivision 6; proposing coding for new law in Minnesota
Statutes, chapter 204D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 10A.01, subdivision 7, is amended to read:

Subd. 7.

Ballot question.

"Ballot question" means a question or proposition that is
placed on the ballot and that may be voted on by all voters of the state. "Promoting or
defeating a ballot question" includes activities, other than lobbying activities, related
to qualifying the question for placement on the ballot. new text begin Ballot question also includes
advocating the use or disuse of the NOTA option, as defined in section 200.02, subdivision
17b.
new text end

Sec. 2.

Minnesota Statutes 2014, section 10A.01, subdivision 10, is amended to read:

Subd. 10.

Candidate.

"Candidate" means an individual who seeks nomination or
election as a state constitutional officer, legislator, or judge. An individual is deemed to
seek nomination or election if the individual has taken the action necessary under the law
of this state to qualify for nomination or election, has received contributions or made
expenditures in excess of $750, or has given implicit or explicit consent for any other
person to receive contributions or make expenditures in excess of $750, for the purpose of
bringing about the individual's nomination or election. A candidate remains a candidate
until the candidate's principal campaign committee is dissolved as provided in section
10A.243. new text begin Candidate also includes candidates seeking nomination or election in a NOTA
election, as defined in section 200.02, subdivision 17a.
new text end

Sec. 3.

Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
to read:

new text begin Subd. 17a. new text end

new text begin NOTA election. new text end

new text begin "NOTA election" means an election held pursuant
to sections 204D.30 to 204D.32.
new text end

Sec. 4.

Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
to read:

new text begin Subd. 17b. new text end

new text begin NOTA option. new text end

new text begin "NOTA option" means voting for "None of the Above;
For a New Election" instead of a candidate in an election.
new text end

Sec. 5.

Minnesota Statutes 2014, section 203B.227, is amended to read:

203B.227 WRITE-IN ABSENTEE BALLOT.

(a) A voter described in section 203B.16, subdivision 1, may use the federal write-in
absentee ballot to vote in any federal, state, or local election. In a state or local election, a
vote for a political party without specifying the name of a candidate must not be counted. new text begin
A voter may write in "None of the Above; For a New Election" in any office on the ballot,
except for president and vice president.
new text end

(b) If a voter submits a federal write-in absentee ballot for which a federal post
card application was not received, the federal write-in absentee ballot serves as a voter
registration, for voters who are eligible to register, in lieu of the voter's federal post card
application. If the voter has not already voted and the accompanying certificate is properly
completed, the absentee ballot board must accept the federal write-in absentee ballot.

Sec. 6.

Minnesota Statutes 2014, section 204B.36, subdivision 2, is amended to read:

Subd. 2.

Candidates and offices.

The name of each candidate shall be printed at a
right angle to the length of the ballot. At a general election the name of the political party
or the political principle of each candidate for partisan office shall be printed above or
below the name of the candidate. The name of a political party or a political principle
shall be printed in capital and lowercase letters of the same type, with the capital letters
at least one-half the height of the capital letters used for names of the candidates. At
a general election, blank lines containing the words "write-in, if any" shall be printed
below the name of the last candidate for each office, or below the title of the office if no
candidate has filed for that office, so that a voter may write in the names of individuals
whose names are not on the ballot. One blank line shall be printed for each officer of that
kind to be elected. new text begin At a general or NOTA election, the words "None of the Above; For a
new election" shall be printed below the blank lines, except for the office of president and
vice president. At a presidential election, the words "Prefer None of the Above" shall be
printed below the blank lines. new text end At a primary election, no blank lines shall be provided for
writing in the names of individuals whose names do not appear on the primary ballot.

On the left side of the ballot at the same level with the name of each candidate and
each blank line shall be printed a square in which the voter may designate a vote by a mark
(X). Each square shall be the same size. Above the first name on each ballot shall be printed
the words, "Put an (X) in the square opposite the name of each candidate you wish to vote
for." At the same level with these words and directly above the squares shall be printed a
small arrow pointing downward. Directly underneath the official title of each office shall be
printed the words "Vote for one" or "Vote for up to ..." (any greater number to be elected).

Sec. 7.

Minnesota Statutes 2014, section 204C.06, subdivision 2, is amended to read:

Subd. 2.

Individuals allowed in polling place; identification.

(a) Representatives
of the secretary of state's office, the county auditor's office, and the municipal or school
district clerk's office may be present at the polling place to observe election procedures.
Except for these representatives, election judges, sergeants-at-arms, and challengers, an
individual may remain inside the polling place during voting hours only while voting or
registering to vote, providing proof of residence for an individual who is registering to
vote, or assisting a disabled voter or a voter who is unable to read English. During voting
hours no one except individuals receiving, marking, or depositing ballots shall approach
within six feet of a voting booth, ballot counter, or electronic voting equipment, unless
lawfully authorized to do so by an election judge or the individual is an election judge
monitoring the operation of the ballot counter or electronic voting equipment.

(b) Teachers and elementary or secondary school students participating in an
educational activity authorized by section 204B.27, subdivision 7, may be present at the
polling place during voting hours.

(c) Each official on duty in the polling place must wear an identification badge that
shows their role in the election process. The badge must not show their party affiliation.

new text begin (d) Individuals collecting signatures for nomination petitions for a NOTA election
must be allowed in the petition area as described in section 204D.31, subdivision 3.
new text end

Sec. 8.

Minnesota Statutes 2014, section 204C.08, is amended by adding a subdivision
to read:

new text begin Subd. 1e. new text end

new text begin Statement about NOTA. new text end

new text begin The secretary of state shall prepare a statement
titled "Your Voter Consent Ballot Options" to be displayed, along with other materials
required by this section, so it is legible to voters at the polling place prior to voting as well
as within each voting booth, indicating the options available to the voter. The statement
must include the following statements:
new text end

new text begin "When "None of the Above; For a New Election" appears on the ballot after the
list of candidates for an office, then you may vote for "None of the Above; For a New
Election" instead of voting for a candidate. If you may vote for more than one candidate
for an office, then a vote for "None of the Above; For a New Election" counts as one vote.
new text end

new text begin If "None of the Above; For a New Election" receives more votes for an office than
any candidate, then no one is elected to that office and a new election with new candidates
must be held on the second Tuesday in February to fill the office.
new text end

new text begin When "Prefer None of the Above" appears on the ballot for the office of president and
vice president, you may vote for a candidate and also vote for "Prefer None of the Above."
Voting for "Prefer None of the Above" indicates you found no listed candidate acceptable.
new text end

new text begin The "Prefer None of the Above" votes are counted and reported; however, the
candidate for an office with the most votes is elected whatever the "Prefer None of the
Above" vote."
new text end

Sec. 9.

new text begin [204D.30] NOTA OPTION; RESULTS.
new text end

new text begin Subdivision 1. new text end

new text begin NOTA option. new text end

new text begin A voter may vote for "None of the Above; For a New
Election" instead of voting for a candidate. If a voter may vote for multiple candidates for
an office, a vote for "None of the Above; For a New Election" counts as one vote. The
NOTA option must be included on all general and NOTA election ballots.
new text end

new text begin Subd. 2. new text end

new text begin NOTA results. new text end

new text begin Votes cast for "None of the Above; For a New Election"
shall be counted, canvassed, and reported as are votes for listed candidates. Any candidate
for office who receives fewer votes than the votes cast for "None of the Above; For a New
Election" for that office shall not be elected. In any election where no candidate is elected
to an office because of votes cast for "None of the Above; For a New Election," a NOTA
election shall be held pursuant to section 204D.31.
new text end

new text begin Subd. 3. new text end

new text begin Presidential elections. new text end

new text begin In elections to the offices of president and vice
president of the United States and their electors, "Prefer None of the Above" shall appear
after the list of candidates. Voters may choose to vote both for "Prefer None of the Above"
as well as for a candidate. Votes cast for "Prefer None of the Above" shall be counted
and reported in the same manner as are votes for listed candidates, but shall not otherwise
affect the election outcome.
new text end

Sec. 10.

new text begin [204D.31] NOTA ELECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Election required. new text end

new text begin In any election where no candidate is elected to
an office because more votes were for "None of the Above; For a New Election" than any
candidate, a NOTA election must be held pursuant to this section.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility; filing period. new text end

new text begin (a) Any person who is eligible for nomination
as a candidate in the general election for an office shall be eligible for nomination as a
candidate in a NOTA election for that office, provided the person did not receive, as a
listed candidate in a prior election for the same office and term, fewer votes than those cast
for "None of the Above; For a New Election."
new text end

new text begin (b) Candidates for a NOTA election may file for office by filing an affidavit of
candidacy and paying a filing fee, or by filing an affidavit of candidacy and filing a
petition in place of a filing fee, in the manner provided in sections 204B.06, 204B.09, and
204B.11, except that all documents and fees required by those sections must be filed
within five days after the election. There must be a two-day period for withdrawal of
candidates after the last day for filing.
new text end

new text begin (c) A write-in candidate in the prior election may be nominated to be listed as a
candidate for an office in the following NOTA election by receiving write-in votes equal
to at least ten percent of either:
new text end

new text begin (1) the number of nominating signatures required for that office; or
new text end

new text begin (2) the total votes cast for the office in the current election.
new text end

new text begin The candidates shall submit to the local election official for local offices, or otherwise
the secretary of state, by the last day of the nomination period, a completed nominating
petition containing no filled-in signature lines with an attached affirmation by the
candidate stating the candidate received the requisite write-in votes for that office in the
prior election. Unlisted write-in candidates who do not receive the number of write-in
votes needed for nomination may seek nomination by petition.
new text end

new text begin Subd. 3. new text end

new text begin Nominating petitions. new text end

new text begin (a) The requirements of sections 204B.06 to
204B.10 apply to nominating petitions unless otherwise provided in this section.
new text end

new text begin (b) Signatures nominating petitions may be gathered at polling places, provided they
are gathered in one, or two if required, petition areas that shall be reserved at each polling
place for that purpose, and in a manner as to provide easy access for voters wishing to
sign the petitions or not, and in such a manner that voters shall pass by those collecting
nominating signatures before and after voting.
new text end

new text begin (c) Any person collecting nominating signatures at a polling place for one or more
petitions, hereinafter referred to as "collector," must be registered to vote at that polling
place. A collector may assist in the gathering of signatures for any nominating petition.
No signed petition may be removed from a petition area, except, after the polls close,
by the vote-counting authority, who shall deliver all signed petitions to the signature
verifying authority.
new text end

new text begin (d) The collector shall be seated in a chair behind a table, provided at no cost to the
collector, upon which the petitions shall be placed and kept while collecting signatures.
The collector shall not speak to, or otherwise communicate with, any voter unless
addressed first by that voter, and shall display no sign except, optionally, one reading
"Nominating Petition: (office)," where (office) shall be the name of the office for which
the petition is being gathered, using letters no greater than three inches in height and
affixed to the table in such a manner as to be visible to passing voters. The number of
collectors in each petition area shall be no more than two per one or more petition sheets
with the same candidate and party designation. A petition may be brought into and left
unattended in the petition area by any person.
new text end

new text begin (e) The petition area shall be part of the polling place, and any person failing to
conform to its requirements shall be considered a disorderly person.
new text end

new text begin Subd. 4. new text end

new text begin Failure to nominate. new text end

new text begin If no candidate qualifies for nomination for an office
in a NOTA election, the office shall appear on the ballot with no listed candidate with only
the write-in and "None of the Above; For a New Election" lines.
new text end

new text begin Subd. 5. new text end

new text begin Date of NOTA election. new text end

new text begin The governor shall issue a writ calling for a
special election to be conducted on the second Tuesday in February of the year following
the year in which voters exercised the NOTA option. Except where otherwise provided in
this section, the writ shall be issued and the special election conducted according to the
requirements of sections 204D.22 to 204D.27.
new text end

new text begin Subd. 6. new text end

new text begin Absentee voters. new text end

new text begin At least 46 days, but no more than 50 days, before a
NOTA election conducted under this section, the county auditor shall transmit an absentee
ballot for the NOTA election to each applicant for an absentee ballot whose application for
an absentee ballot for the preceding general election was recorded under section 203B.04
or 203B.17. New applicants for an absentee ballot may be provided a ballot in the manner
specified in chapter 203B.
new text end

new text begin Subd. 7. new text end

new text begin Temporary appointment; assignment of duties. new text end

new text begin (a) Temporary
appointment to offices except for the Office of the Governor, pending a NOTA election
and an elected candidate taking office, required to execute the duties of an office, shall
be made by the governor for statewide or legislative offices or by majority vote of the
governing body of a local government for local offices. The person appointed must be
either the office's current incumbent or who would be otherwise eligible for election to
that office. Temporary appointment to the Office of Governor must be by majority vote
of the Minnesota Supreme Court. No temporary appointment under this provision shall
be made to the office's state representative, state senator, United States representative, or
United States senator. If no appointment is made by the day before expiration of an office's
current term, the office's incumbent is appointed by default.
new text end

new text begin (b) In elections to the Office of the Secretary of State, or an office for which the
incumbent secretary of state is a candidate, the duties normally performed by the secretary
of state under this act shall be performed by the Office of the Secretary of State under the
direction of the attorney general.
new text end

Sec. 11.

new text begin [204D.32] NOTA CANDIDATE STATEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) To assist the voters in assessing candidates for
office in NOTA elections, the secretary of state for statewide or legislative elections, or the
local election official for local elections, must distribute candidate statements by mail to
the electorate at least seven days before the NOTA election at no cost to the candidates.
A candidate must only submit one candidate statement.
new text end

new text begin (b) At least 21 days before a NOTA election, a candidate may submit a candidate
statement for distribution as provided in this section. The candidate statement must:
new text end

new text begin (1) be a black-and-white statement, consisting only of spaces, letters, punctuation
marks, and numeric or other textual notation;
new text end

new text begin (2) be contained within both sides of a single 8.5 x 11-inch white paper sheet;
new text end

new text begin (3) be limited to identifying the candidate;
new text end

new text begin (4) contain no solicitation for funds; and
new text end

new text begin (5) not refer to other candidates.
new text end

new text begin (c) Additionally, the candidate statement may:
new text end

new text begin (1) include one black-and-white photograph of the candidate from the neck up no
greater than 3 x 3 inches;
new text end

new text begin (2) describe the candidate's qualifications for office, party affiliations, and proposed
policies; and
new text end

new text begin (3) include contact information.
new text end

new text begin (d) If the requirements and limitations of this subdivision are not met, the secretary
of state or local election official must not distribute the statement.
new text end

new text begin Subd. 2. new text end

new text begin Format. new text end

new text begin Across the top inch of the first page of every candidate statement
shall be a header that reads "Candidate Statement of (candidate name) for (office)." The
name of the candidate must be the name of the candidate as it shall appear on the ballot.
Below the header must be the statement "Prepared by the candidate and distributed to
voters without cost to the candidate by the (Office of the Secretary of State or Local
Election Official)." The secretary of state shall make sample candidate statements
available to candidates for a NOTA election.
new text end

new text begin Subd. 3. new text end

new text begin Review of statement. new text end

new text begin (a) The secretary of state or local election official
must distribute the candidate statement as submitted, unless the secretary of state or local
election official determines that the candidate statement does not meet the requirements
and limits of a candidate statement. If the secretary of state or local election official
makes a determination, the secretary of state or local election official must transmit
within ten days an explanation of the nonconformance to the candidate along with a
proposed deletion notification to make the candidate statement conformant. The secretary
of state, local election official, or representative shall meet with the candidate upon the
candidate's request within two days of receipt of a request for a meeting to review the
candidate statement with the candidate's representatives. The candidate shall transmit to
the secretary of state or local election official within five days of the receipt of the deletion
notification or within two days after the meeting, whichever is later:
new text end

new text begin (1) the candidate's response to the deletion notification;
new text end

new text begin (2) a corrected candidate statement; or
new text end

new text begin (3) a candidate instruction, to be defined by the secretary of state, in the event of a
nonqualifying candidate statement, instructing the secretary of state either to withdraw the
candidate statement completely or to distribute the original candidate statement with the
deletions indicated by the deletion notification.
new text end

new text begin (b) Changes to the candidate content by the secretary of state or local election official
shall be by deletion only, using methods to be established in advance of the election by
the secretary of state so as to be obvious to voters which parts of the candidate content
were deleted. Should the candidate fail to provide an acceptable, corrected candidate
statement and fail to provide candidate instructions for the event, the secretary of state or
local election official shall distribute the original candidate statement with the deletions
specified in the deletion notification. The secretary of state or local election official shall
make available at its offices to any person, within one day of a written request, copies of
any original candidate statement, as well as associated opinions by the secretary of state
or local election official, the corrected candidate statement, the deletion notification, and
the candidate instruction, and other related documents during the election campaign and
for ten years after the election.
new text end

new text begin (c) Whenever possible, all candidate statements for the same office shall be
assembled into a single ballot pamphlet for distribution. Reference copies of the candidate
statements shall be made available at polling places for voter use.
new text end

Sec. 12.

Minnesota Statutes 2014, section 206.80, is amended to read:

206.80 ELECTRONIC VOTING SYSTEMS.

(a) An electronic voting system may not be employed unless it:

(1) permits every voter to vote in secret;

(2) permits every voter to vote for all candidates and questions for whom or upon
which the voter is legally entitled to vote;

(3) provides for write-in voting when authorized;

(4) automatically rejects, except as provided in section 206.84 with respect to
write-in votes, all votes for an office or question when the number of votes cast on it
exceeds the number which the voter is entitled to cast;

(5) permits a voter at a primary election to select secretly the party for which the
voter wishes to vote;

(6) automatically rejects all votes cast in a primary election by a voter when the voter
votes for candidates of more than one party; deleted text begin and
deleted text end

(7) provides every voter an opportunity to verify votes recorded on the permanent
paper ballot, either visually or using assistive voting technology, and to change votes or
correct any error before the voter's ballot is cast and counted, produces an individual,
discrete, permanent, paper ballot cast by the voter, and preserves the paper ballot as an
official record available for use in any recount deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) provides for counting votes for "None of the Above; For a New Election" and
"Prefer None of the Above."
new text end

(b) An electronic voting system purchased on or after June 4, 2005, may not be
employed unless it:

(1) accepts and tabulates, in the polling place or at a counting center, a marked
optical scan ballot; or

(2) creates a marked optical scan ballot that can be tabulated in the polling place or
at a counting center by automatic tabulating equipment certified for use in this state.

Sec. 13.

Minnesota Statutes 2014, section 206.90, subdivision 6, is amended to read:

Subd. 6.

Ballots.

In precincts using optical scan voting systems, a single ballot card
on which all ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment may be
printed in another color ink. In state elections, a single ballot title must be used, as provided
in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
when both municipal and school district offices or questions appear on the ballot, the
single ballot title "City (or Town) and School District Ballot" must be used.

On the front of the ballot must be printed the words "Official Ballot" and the date of
the election and lines for the initials of at least two election judges.

When optical scan ballots are used, the offices to be elected must appear in the
following order: federal offices; state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions; municipal offices and questions;
school district offices and questions; special district offices and questions; and judicial
offices.

On optical scan ballots, the names of candidates and the words "yes" and "no" for
ballot questions must be printed as close to their corresponding vote targets as possible.

The line on an optical scan ballot for write-in votes must contain the words "write-in,
if any."

new text begin Below the line for write-in votes must appear a line that contains the words "None
of the Above; For a New Election," except for the office of president and vice president.
Below the line for write-in votes for the office of president and vice president must appear
a line that contains the words "Prefer None of the Above."
new text end

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
instructions to voters must include a statement that reads substantially as follows: "THIS
BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains
political party columns on both sides of the ballot, the instructions to voters must include a
statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL
PARTY ONLY." At the bottom of each political party column on the primary ballot, the
ballot must contain a statement that reads substantially as follows: "CONTINUE VOTING
ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4,
do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
ballot readers must follow the order of offices and questions on the optical scan or paper
ballot used in the same precinct, or the sample ballot posted for that precinct.

Sec. 14. new text begin CONFLICTING PROVISIONS.
new text end

new text begin The provisions of this act shall prevail over any conflicting provisions of any
other law.
new text end

Sec. 15. new text begin SEVERABILITY.
new text end

new text begin If any provision of this act is found to be unconstitutional and void, the remaining
provisions of this act are valid.
new text end

Sec. 16. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall add references to NOTA elections and the NOTA option
where appropriate in Minnesota Statutes, chapters 200 to 212.
new text end

Sec. 17. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective two years after the day following final enactment.
new text end